The Practice of the Court of Kings Bench in Personal Actions With References

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139. Sty. Rep. For bail to surrender a bank- 334. 8 Mod. 32. Rupt under examination.
' 1 Ld. Raym. 157. 6 " R. T. 1 Ann. Reg. 1. 1 Mod. 238. 8 Mod. 340. Salk. 101. 1 Ld. Raym. 721, R. T. 1 Ann. II. (a). R. E. 6 Mod. 132. . '5 O. II. Rffr. 3. Rin the same term, they must be made up in the following one. And if an action be brought here against bail, on a recognisance taken in the Com- mon Pleas, they have the same time allowed them for rendering the principal, as if the
...recognisance had been taken in this court". Where an action ■was commenced, and afterwards discontinued, and then the bail rendered the principal, before the bringing of a new action, the court held the render to be good, it being before the return of the process in this suit; and it was the fault of the plaintiff, not to begin right at first''. So where the plaintiff' sued the bail on their recognisance, who did not render the principal within eight days, and then the plaintiff died, and his executors brought another action against the bail, it was ruled that the bail had eight days from the return of the process in the second action, to render the princi- pal '^.

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